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Pelican Marsh Unit 25¢OMMUNZTY DEVELOPMENT & ENVZRONMENTAL SERVICES DI¥ISZON ENGINEERIN~ REVIEW SE6'TION AAEAAORANDUAA TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Engineer DATE: April 28,199 RE: Pelican Marsh Unit 25 Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Pelican Marsh Unit 25. This document has been reviewed by Engineering Review and the County Attorney's Office. Collier County Resolution No. 93-147 provides for the administrative approval of preliminary work authorizations. Please have the Chairman sign the document and forward to the Clerk's office. Should you have any questions, please advise. jrh CC' Project File Reading File lq'~I.IC:\N ,\IARStt UNIT 25 PRI'~I.I:~,IINARY WORK AUTtIORIZATI()N Tills AGI(I:.EMF. NT made and entered into this.4 2'd_.-.<.. dav ~I' ./-~<...~,~.c.. 199 ?. hv and bep, vecn £hc Board of County Cmnrnissitmcrs of Collier (_Ti)univ. l:h)rida, hcrcinat'tcr referred Io as 'County" a~d WCI Communities. l.imilcd l'arlncrship, hcrcinal'lcr rcfcrr'cd io as thc "Oxvner". WtlI:.P,F. AS. thc County has adopted Collier County ()rdim~ncc No. 98-I1 knm. vn as thc l'clican Marsh t'UI) Ordinance. hereinafter referred t()as thc "I'UI)"- and WI tF, RF, AS. Owner represents and warrants it is the rcc~)rd fcc title (l',vncr ~)t' thc lands described in O.R. Book 1502, Pages 746 and 747 of thc public FOOt,reis of (2~llicr County. Florida. said legal description attached hereto as Exhibit "A" and inc~)rp~ratcd herein by' reference: and WIIEI;,F. AS. thc South Florida Water Managcmcm l)istrict is currc-'lv rcvic;vim.: ;,. modification for fi~c surface wmcr mana~emcnl permh for Pelican Mar~l~ l:as~. SI:\'v'MI'~ Permit N~i. 11-01566-P: and WIIEREAS. Owner represents that thc Preliminary ',,V~rk ,,\erin,ri×arista is t;ccdcd because ill order t~) o)IIIlllCHCe c~)nslrucli~m at thc earliest p(;ssit)lc lilllC duc I~) cc~m~,mic and developmental time constraints: and WI{F.P,I:.AS. (),,,,'ncr ackno:vlcd~es Ihat all rcqulrcmcms ~I' (Jollier County's C-rowth ,Managemcn~ Phm and Adequalc Public l:acililics Ordinance. N(~. 93-~2. will l~)c nlc~ prh~r ~(, approval of a final ..,ubdivision plat. or final si~c dcveh,pmem phm (,r huildin~ p~rm~I. ;,s appropriale: and WtlEP, EAS. Section 3.2.7.3.6 ()I' thc lsmd I)cvchlpmcm C~)dc c~,tablishcs a retch;raisin processing and issuing a l'rcliminary Work Authorizatitm. NOW TI II-TRI:,FOI;,E. in consideration of thc premises, thc mutual undertakings of Iht panics, and oflmr ~od and valuable consideration, it is agrccd by thc par~ics hereto as fi)llows: SECTION I - ACKNOWI.EI)GEMF. NT Thc forcg(ling recitals arc true and correct and arc inc()rj')oratcd herein bv reference. Further. it is jointly acknowledged that tl~c o:ecuti~m ~,1' this Agreement docs n(tt constitute a Development Order or any ()ti~cr final approval by C(~llicr C(:l. ll'~l.v. Pelican Marsh Unit 25 Preliminary Work Authorization Page 2 of 4 SECTION 2 - IMPROVEMENTS A. Owner shall be permitted to perform site preparation and construction activities subject to the conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows: 1) Clearing of the roadways, casements and construction areas. 2) l:2rth work tk'cc¢qan'~. . lbr thc installation of water and sc~vcr tines, water management swales and roadbed prcparatitm. 3) Installation of the project's required improvements. The preliminary work detailed in this Section shall bc in actor&moo with plans entitled Pelican Marsh Unit 2.5 consisting of 7 sheets, prepared by Q. Gradv Minor & Associates. P.A., dated February. 1999. hereinafter referred ti)as the "Thc I'r~limin::..' Work". Thc legal description of thc boundaries of thc Preliminary Work is shown on thc t'inai plat for Pelican Marsh Unit 25 consisting of 3 sheets prepared gy Q. Grady Minor & Associates. P.A.. B. Prior to any work being undertaken. (),,,,'ncr shall submit ti) thc C{mntv. complete permit packages and applicable review and inspection t'ces fi)r the necessary permits for thc Preliminary Work (thc "I)rcliminary Work Permits"). These applicati{)ns arc ;ts 1) Construction plans for Pelican Marsh Unit 25 consisting of 7 sheets, prepared Q. Grady Minor & Associates. P.A.. 2) Final plat fi)r f'clican Marsh Unit 25 consisting of 3 sheets prepared by Q. Grad), Minor & Associates, P.A.. SECTION 3 - I'F. RMITS RIiQUIRi-:I) Issuance of the l'rcliminarv Work permits shall hc conditioned upon thc l'ollowin,~,- a. County staff llnding that thc applications lk)r Preliminary. Work l'crmits arc complete and satisfactory and are ready for scheduling to thc Board of County Commissioners for final plat approval. b. Owner submitting to lilt County a copy of file early work permit or permit modification from the South Florida Water Management district for ;ill matters included in ti~e .jurisdiction of the South Florida Water Management District. which conft)rms with thc I'rcliminary Wt~rk Release plans submitted to thc Count)'. Pelican Marsh Unit 25 Preliminar],., Work Authorizalion Page 3 of 4 SECTION 4 - APPROVAl. County will issue thc Preliminary Work Permits to permit thc f~rclhninary Work prior to plat approval once conditions A and ~ in Section 3 above have been satisfied. Owner underslands and acknowledges that no building permit will be issued for habitable structures within Pelican Marsh Unit 25 until thc I'clican Marsh tlnit 25 pi:il is appr~wcd and recorded. SECTION 5 - INI)EMNIFICATION ()'.,,'ncr agrees t~ indcnmil~, and hold County barn]less a~ainsl any and all liability, loss. damage or expense from claims or causes of action includin~ attorneys l~cs and court costs. resulting from. a~ising out of, and in connection with Owner's neuli~encc and/or willful misconduct in Iht constmclion of file Prelnnmarv Work under the l'rel~m~nary Work Permits or any challenge by any person or party ~)bjccting t{) the Icm~litv or validity ()f lhis A,,rccmcn~. SECTION 6 - RIiSTRICTIONS This Agreement shall be binding upm~ the parties and is not Iran,sfcrrahlu. SECTION 7 - I-IMITA'I'IONS This Agreement shall expire thirty (30) days from the date of :he issuance of the Preliminary Work Permits if lhe project's final plat is not submitted ~,) the Board of County Commissioners fi)r approval pursuant m Division 3.2 of the l.and l)cvclopmcnt Code. unless the Owner Js delayed in having his final plat reviewed by the Board duc to the fimlt of thc County. All work approved by this Agreement must cease and not restart if the final plat is not submitted and approved by the Board of County Commissioners within this authorization period. No work is authorized under tiffs Agreement prior ti) satislS, ing thc conditions of A and B in Section 3 of this Agreement. Any attempt to commence work prior to issuance of requisite permits shall render all provisions of this Agreement null and void. By entering into this Agreement the County does not guarantee and the Owner can not rely upon the fact that the project's final plat will ~)e approved upon submission to the Board of County Commissioners. The Owner is required ti) comply with all of the provisions and procedures of the l.and Development Code before the final plat can be sub~nitted to the Board for consideration. Tiburon--Unit 25 Preliminary Work Authorization Page 4 of 4 IN WITNESS~WIt~REOF. the parties have executed this Agreement the day first Wm~ AlfrcWI'. I)oughertt, Vice  WCI Communities, Limited ~artncrship. ~t~ a Florida IAmitcd Partnership Printed Name Witness Printed Name ATTF. ST: Dwight E. Bro~k. CIJ£RK API~roved as to form and legal sufficiency: 11." S'FATEOF Vcc£' COUNTY OF t.- d--c: BOARD OF COUNTY COMMISSIONERS OF COLI.IER COUNTY, FI.ORIDA Lo Cha 'Ir'mm ' it ,'., ,'I 1;,. The foregoing instrument was acknowledged before mc this [&, --"day of /~C~l&d/t,~7' 1998, by Alfred F'. Dougherty, Vice President. WCI Communities, Limited Partnership, a- Florida limited partnership, on behalf of the partnership. Itc is personally knov,'n to mc and did not take an oath. 01350S ~ COLLIER COUNTY ~'~ o~ Ls m~tzJoct to ~ for the y~ar 1990 ~u~ ~11 and ea~c~t~ of z'~coz~, o o0150Z OR 80C' PAOE All Section 36, Tovnib~p 4~ South. Range 2S ~ast, Less the Vest lO0 [est (b! deed recorded Ln O.R. Book Ill, Page 786) and the So,th ISO feet (by deed recorded in O.l. ~ook iTS. Page JJS and L~ss parcel described Xn d?ed recorded In 0.2. ~oot 1J25. Page IS90}, Collier County. florida. ?ARCCL 2: The East I/2 o! the Cast 1/2 o! Section 25. Tovnship 48 South. Range 25 Cast. less the North I00 ~eet. Collier CountS. Florida. Couence at the ~orthvest corner of ~ection 36. Township 48 South. ~an0e ~ast, Co~Jtr County, florida; thence run S O0 degrees ]0'~" u. a]on~ the ~est ]Jne of the gorth~est ~/4 of sa~d Section 23[~.67 ~eet: thence run Z I~ degrees 4t'4~" g for ~eet to t~e PoJn~ of ~tgJnnJn9 o~ tbs Parce~ of ~and betezc described; thence run ~ I~ degrees 20'00= E ~or a distance o~ {0Z2.JJ ~e~t; thence run ~ O0 degrees Ol'dl' ~ for a distance or 132 Il ~egreel 20'35' ff for ~ d~-~ ..... · ~, .... · ncc run S g9 , ----=~- ~ ~t./z zeeS: thence run S 03 degrees ~7 18" ~ for a d~st~nce of 44.57 feet: thence run S ~7 degrees 22'55" g for · ~'~nce of 2~5.12 feet~ thence run W 00 degrees SI'0S" ~ fcra dis~ance of '-~.6~ feet to the Point of Beginning. Couence 4t tbs fforthesst corner of Sectio~ 2S, Tovnship 48 South, Range 2S Fait, C~llisr County, Florida: thence run S I~ degrees 56'32" V, a~ong the Worth line of the Iortheast 1/( o! said Section 2S, for a distance o~ 1325.27 feet to the lorthvest corner of the Fast 1/2 o! the ~ast 1/2 laid Section 25~ thence run S 0l degrees 15'21" E, along the ~est line of the Fast 1/2 o! the East 1/2 of said Section 25, for a distance of 1278.2~ feet: thence run ~ Il degrees 44'J~" E for a distance of 152.68 feet to tbs ~oint of Beginning of the ~arcel of t, aad herein described: thence run R aS degrees ~2'29" ~ for a diataa:t o! II7.1~ feet; thence run $ 78 degrees 0S'21" E for a distance of 77.1] feet; thence run ~ Cj degrees 07'12" E for · distance of 17~.1~ feet; thence run ~ 2] degrees 0~'SB" g for s distance o~ I~.?? ~eet: thence t'un f 72 degrees 44'0~" ~ for a distance of 196.91 feet; thence run ~ l] degTees 0~'4S' I for · distance of 241.29 feet: thence run R 19 degrees 0~'40" I for i distance of S5.17 feet to the Point of I~i~tn~.